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When I was about 5-years old, my Dad told me the day would come when good clean water would be worth more than gold—I laughed and called him a crazy old man!

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Allocation of Conserved

Water Program

Presented By Dwight French

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Program OverviewVoluntary program The program is intended to provide

incentives to encourage water users to improve the efficiency of their irrigation systems.

Allows use of “conserved water” for other purposes:Portion for applicant to use on other lands, etc.Portion to state for instream right

Provides more water for the ecosystem without any impairment to water users

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What is an Allocation of Conserved Water Project?

Allocation of Conserved Water (ACW) Projects are physical improvements to the water delivery or application systems, which improve the efficiency of the system and result in a measurable quantity of “conserved water.”

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Common ACW ProjectsDelivery System

Projects Installation of headgatesLocating the diversion

closer to the place of use lining ditches and canalsAddition variable speed,

variable pressure or booster pumps

Additional meters, valves, flow controls

Remote monitoring, control and leak detection systems

Application System Projects

Converting Flood to Sprinkler System

Upgrading the type of sprinkler system

High pressure to low pressure, low flow

Replacing large sprinklers with low flow drop tube

Moisture monitoring systems

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What is Conserved Water?

The amount of water that results from conservation measures, measured as the

difference between:

(a) the smaller of the amount stated on the water right or the maximum amount of water that can be diverted using the existing facilities; and

(b) the amount of water needed after implementation of conservation measures

Pre-Project Water Right

After Project Water Need

ConservedWater- =

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The ACW Program BenefitsThe ApplicantAgricultureThe CommunityThe Environment

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Benefits to Applicant In the absence of this law, water users would not be entitled to use any conserved water to meet new needs.

ACW projects provide economic return on efficiency improvements by: Allowing water for use on additional landsAllowing for new uses of waterAllowing for the sale or lease of conserved water

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Agricultural BenefitsOften provides the only way land owners can apply water to new lands

Provides water for dry land Reduces field erosion and reduces runoff liability Cuts down on costs

Reduction of power costs Reduction of fertilizer quantity Reduction of labor costs associated with moving hand lines and managing flood irrigation ditches

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Community BenefitsProvides opportunity for boost in local

economy and creation of jobsConservation of a scarce resource for future

generations Enhances Instream Public Uses

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Enhances Instream Public Uses

Navigation

RecreationConservation, aquatic and fish life, wildlife, fish and wildlife habitat

Pollution abatement

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Why the Program Works The ACW program works because it provides new benefits to the water user, the environment and the public without detriment to existing water uses. Division of the conserved water is generally:

75% applicant choice:Use of water on additional lands

25% goes to State: receives instream water right

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Who Gets What?How much water does the applicant get to

keep?

Allocation of the conserved water depends on a few factors: Amount of non-reimbursable funding received

from Federal or State government Amount of water, if any, needed to mitigate injury

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* The applicant may agree to receive a lesser amount of the conserved water to donate or sell for instream use

Allocation of Conserved Water

Allocation formula

Project Costs Paid by

Government(non-

reimbursable)

Conserved Water to

State

Conserved Water to

Applicant*

< 25% 25% 75%

25 - 75% 25 - 75% 75 - 25%

>75% 75% 25%

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* The applicant may choose to donate, lease or sell a greater portion of the conserved water for instream use

Allocation of Conserved Water

Project Costs Paid by

Government(non-reimbursable)

Conserved Water to State

Conserved Water to Applicant*

IF

< 25%

Then

25% 75%

25 - 75% 25 - 75% 75 - 25%

>75% 75% 25%

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The Split CalculationTotal quantity of conserved water reduced to mitigate

for injury, if necessaryAt a minimum, 25% of the remaining conserved water

is returned to the State as an instream water right. Pro-rated reduction for public fundsPortion of project funded by the public, if any becomes

the new instream water rightOnly non-reimbursable public funds counted

The remaining portion of conserved water is available for the applicant’s choice of useThe applicant is always entitled at least 25% of the

conserved water

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The Split CalculationThe total quantity of conserved water is

reduced by:Quantity of water required to mitigate injuryAfter mitigation for injury, the remaining portion

is reduced the portion of public funds used to finance the project

The remaining portion of goes to the applicant

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Mitigate for InjuryBefore any conserved water may be applied

to any new use the applicant must ensure the project will not injure any other water rightInjury occurs when the project results in any

reduction in the quantity of water that would have been legally available to another user if the project had not been performed

Mitigation is the reduction in the quantity of conserved water required to prevent injury

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State’s ShareAfter mitigating for injury, if requiredThe State is entitled to a minimum of 25%

plus the percentage of any public money used to fund the projectOnly State and Federal non-reimbursable funds

are countedPublic funds reduction capped at 75%Even if 100% of the project cost is from public

funds, the applicant is entitled to a minimum of 25% of the conserved water.

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Applicant’s ShareAfter reductions to mitigate for injury; andReductions to account for the State’s ShareThe remaining quantity of conserved water is

may be used according to the applicant’s preference of:New place of useNew character of use

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Allocation Schematic

10 cfs

6 cfs 4 cfs

Original Right

Remaining Right

Conserved Water 1

cfs

2.25cfs

0.75 cfs

Mitigation to prevent injury (if needed)

3cfs

Conserved Water

Instream Right

Applicant’s Share

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Allocation Schematic

30.0 AF

20.0 AF 10.0 AF

Original Right

Remaining Right

Conserved Water 0

.0 A

F

7.75AF

2.25 AF

Mitigation to prevent injury (if needed)

10.0AF

Conserved Water

Instream Right

Applicant’s Share

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Choice of Priority DateThe applicant may choose either of the

following priority dates for the conserved water:One minute junior to the originating right; orThe same as the originating

rightBoth the new use and

instream rights must have the same priority

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Who Can Apply Generally?

• Any person or group of persons holding a water use subject to transfer as defined in ORS 540.505 may submit an application

• If a person proposes conservation measures within the boundaries of a district, the person must also submit evidence that the district has approved the application

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Best to submit application prior to starting projectBut applications may be submitted up to 5-years after implementation of conservation measures

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Allocation of Conserved Water Process

Application Submittal

Public Notice 2 weeksin local newspaper

35 DayComment Period

60 Day Protest Period

WRD Review

Proposed Final Order

Final Order

Public Comment

Protests & Protest Resolution

WRD Goal: Proposed Final Order within 9 months

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Questions?Please contact Kody Thurgood for more information:• Call: (503) 986-0892 • Email: ACW-Questions@wrd.state.or.us